STAND. COM. REP. NO.  644-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3085

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred H.B. No. 3085, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BUSINESS REGISTRATION,"

beg leave to report as follows:

     The purpose of this bill is to resolve inconsistencies, gaps, and ambiguities in the law allowing registration and protection of trademarks, service marks, and trade names in chapter 482, Hawaii Revised Statutes (chapter 482).  Among other things, this bill:

     (1)  Distinguishes between the standard for registration of trade or entity names ("substantially identical") and the standard for determining ownership of trade or entity names under the common law ("confusingly similar");

     (2)  Adds a C felony penalty for intentional false filings to the existing misdemeanor penalty for negligent false filings;

     (3)  Reorganizes chapter 482 into four parts entitled Definitions, Trade Names, Trademarks and Service Marks, and Miscellaneous Provisions; and

     (4)  Makes technical, nonsubstantive housekeeping amendments.

     The Department of Commerce and Consumer Affairs (DCCA) and Office of Administrative Hearings of DCCA testified in support of this bill.

     As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 3085, H.D. 1, and recommend that it be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Consumer Protection & Commerce and Judiciary,

____________________________ TOMMY WATERS, Chair

____________________________ ROBERT N. HERKES, Chair